[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR245.20]

[Page 601-603]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE--Table of Contents
 
Sec. 245.20  Adjustment of status of Syrian asylees under Public Law 106-378.Adjustment of status of Syrian asylees under Public Law 106-378.

    (a) Eligibility. An alien is eligible to apply to adjust status 
under Public Law 106-378 if the alien is:
    (1) A Jewish national of Syria;

[[Page 602]]

    (2) Arrived in the United States after December 31, 1991, after 
being permitted by the Syrian Government to depart from Syria;
    (3) Is physically present in the United States at the time of filing 
the application to adjust status;
    (4) Applies for adjustment of status no later than October 26, 2001, 
or has a pending application for adjustment of status under the Act that 
was filed with the Service before October 27, 2000;
    (5) Has been physically present in the United States for at least 1 
year after being granted asylum;
    (6) Has not firmly resettled in any foreign country; and
    (7) Is admissible as an immigrant under the Act at the time of 
examination for adjustment.
    (b) Qualified family members. The spouse, child, or unmarried son or 
daughter of an alien eligible for adjustment under Public Law 106-378 is 
eligible to apply for adjustment of status under this section if the 
alien meets the criteria set forth in paragraphs (a)(4) through (a)(7) 
of this section.
    (c) Grounds not to be applied and waivers. The grounds of 
inadmissibility found at section 212(a)(4) of the Act, relating to 
public charge, and at section 212(a)(7)(A) of the Act, relating to 
documentation, do not apply to applicants for adjustment of status under 
Public Law 106-378. Applicants may also request the waivers found at 
sections 212(h), (i), and (k) of the Act, to the extent they are 
eligible.
    (d) Application.--(1) New applications. An applicant must submit 
From I-485, Application to Register Permanent Residence or Adjust 
Status, along with the appropriate application fee as stated in 
Sec. 103.7(b)(1) of this chapter, to the Nebraska Service Center. The 
application must physically be received by the Nebraska Service Center 
no later than close of business on October 26, 2001. Applicants 14 years 
of age or older must also submit the fingerprinting service fee provided 
for in Sec. 103.7(b)(1) of this chapter. Each application filed must be 
accompanied by two photographs as described in the Form I-485 
instructions; a completed Biographic Information Sheet (Form G-325A) if 
the applicant is between 14 and 79 years of age; and a report of medical 
examination (Form I-693 and vaccination supplement) as specified in 8 
CFR 245.5. On Form I-485, Part 2, question ``h'', applicants must write 
``SYRIAN ASYLEE--P.L. 106-378'' to indicate that they are applying based 
on this provision.
    (2) Filing of requests to change the basis of a pending Form I-485.-
-(i) Request. An eligible Syrian national with a Form I-485 that is 
currently pending with the Service may request that the basis of his or 
her Form I-485 be changed to Public Law 106-378. The alien must submit 
this request in writing to the Nebraska Service Center. The request may 
only be granted if the 2,000 adjustment limit specified in paragraph (i) 
of this section has not yet been reached. The 2,000 adjustment limit 
includes both new and pending Form I-485 petitions. The applicant should 
clearly annotate ``SYRIAN ASYLEE P.L. 106-378'' on the envelope to 
identify the correspondence.
    (ii) Time limit. If the Form I-485 was filed before October 27, 
2000, there is no time limit for requesting a change of basis for 
adjustment of status. However, if the Form I-485 was filed on or after 
October 27, 2001, then the Service must receive the request for change 
of basis no later than October 27, 2001.
    (e) Evidence. Applicants must submit evidence that demonstrates they 
are eligible for adjustment of status under Public Law 106-378. Required 
evidence includes the following:
    (1) A copy of the alien's passport;
    (2) A copy of the applicant's Arrival-Departure Record (Form I-94) 
or other evidence of inspection and admission or parole into the United 
States after December 31, 1991;
    (3) Documentation including, but not limited to, those listed at 
Sec. 245.15(j)(2) to establish physical presence in the United States 
for at least 1 year after being granted asylum;
    (4) If the applicant is the spouse of a principal alien applying for 
adjustment, he or she must submit a marriage certificate, if available, 
or other evidence to demonstrate the marriage; and
    (5) If the applicant is the child of a principal alien applying for 
adjustment of status, he or she must submit a birth

[[Page 603]]

certificate, if available, or other evidence to demonstrate the 
relationship.
    (f) Employment authorization. Applicants who want to obtain 
employment authorization based on a pending application for adjustment 
of status under Public Law 106-378 may submit Form I-765, Application 
for Employment Authorization, along with the application fee listed in 
Sec. 103.7(b)(1) of this chapter. If the Service approves the 
application for employment authorization, the applicant will be issued 
an employment authorization document.
    (g) Travel while an application to adjust status is pending. 
Applicants who wish to travel abroad and re-enter the United States 
while an application for adjustment of status is pending without being 
considered to have abandoned that application must obtain advance parole 
prior to departing the United States. To obtain advance parole, 
applicants must file Form I-131, Application for a Travel Document, 
along with the application fee listed in Sec. 103.7(b)(1) of this 
chapter. If the Service approves Form I-131, the alien will be issued 
Form I-512, Authorization for the Parole of an Alien into the United 
States.
    (h) Approval and date of admission as a lawful permanent resident. 
When the Service approves an application to adjust status to that of 
lawful permanent resident based on Public Law 106-378, the applicant 
will be notified in writing of the Service's decision. In addition, the 
record of the alien's admission as a lawful permanent resident will be 
recorded as of the date 1 year before the approval of the application.
    (i) Number of adjustments under Public Law 106-378. No more than 
2,000 aliens may have their status adjusted to that of lawful permanent 
resident under Public Law 106-378.
    (j) Notice of Denial.--(1) General. When the Service denies an 
application to adjust status to that of lawful permanent resident based 
on Public Law 106-378, the applicant will be notified of the decision 
and the reason for the denial in writing.
    (2) Cases involving requests to change the basis of a pending Form 
I-485. If an applicant who requested that a pending Form I-485, be 
considered under Public Law 106-378, is found to be ineligible under 
Public Law 106-378, but he or she appears eligible for adjustment under 
the original section of the Act under which the Form I-485 was filed, 
the Service will provide the applicant with notice of this fact. 
Processing the Form I-485 under the original provision of law will 
resume as appropriate.
    (k) Administrative review. An alien whose application for adjustment 
of status under Public Law 106-378 is denied by the Service may not 
appeal the decision. However, the denial will be without prejudice to 
the alien's right to renew the application in proceedings under 8 CFR 
part 240 provided that the 2,000 statutory limit on such adjustments has 
not yet been reached.

[66 FR 27448, May 17, 2001]